WVC 11 - 21 - 12 D
§11-21-12d. Additional modification reducing federal adjusted
gross income.
In addition to amounts authorized to be subtracted from
federal adjusted gross income pursuant to subsection (c), section
twelve of this article, any person who retires under an
employer-provided defined benefit pension plan that terminates
prior to or after the retirement of that person and the pension
plan is covered by a guarantor whose maximum benefit guarantee is
less than the maximum benefit to which the retiree was entitled had
the plan not terminated may subtract annually from his or her
federal adjusted income a sum equal to the difference in the amount
of the maximum annual pension benefit the person would have
received for such tax year had the plan not terminated and the
maximum annual pension benefit actually received from the guarantor
under a benefit guarantee plan: Provided, That if the Tax
Commissioner determines that this adjustment reduces the revenues
of the state by two million dollars or more in any one year, then
the Tax Commissioner shall reduce the percentage of the reduction
to a level at which the commissioner believes will reduce the cost
of the adjustment to two million dollars for the next year. This
tax adjustment shall be effective for taxable years beginning on
and after the first day of January, two thousand eight: Provided,
however, That for the taxable year two thousand seven, the tax
adjustment shall be effective and shall apply retroactively:
Provided further, That the adjustment shall terminate for the tax years on or after the first day of January, two thousand twelve.
This modification is available regardless of the type of return
form filed.

WVC 11 - 21 - 12 D
§11-21-12d. Additional modification reducing federal adjusted
gross income.
In addition to amounts authorized to be subtracted from
federal adjusted gross income pursuant to subsection (c), section
twelve of this article, any person who retires under an employer-
provided defined benefit pension plan that terminates prior to or
after the retirement of that person and the pension plan is covered
by a guarantor whose maximum benefit guarantee is less than the
maximum benefit to which the retiree was entitled had the plan not
terminated may subtract annually from his or her federal adjusted
income a sum equal to the difference in the amount of the maximum
annual pension benefit the person would have received for such tax
year had the plan not terminated and the maximum annual pension
benefit actually received from the guarantor under a benefit
guarantee plan: Provided, That if the Tax Commissioner determines
that this adjustment reduces the revenues of the state by
$2 million or more in any one year, then the Tax Commissioner shall
reduce the percentage of the reduction to a level at which the
commissioner believes will reduce the cost of the adjustment to
$2 million for the next year. This tax adjustment is effective for
taxable years beginning on and after January 1, 2008: Provided,
however, That for the taxable year 2007, the tax adjustment shall
be effective and shall apply retroactively: Provided further, That
the adjustment terminates for the tax years on and after January 1,
2015. This modification is available regardless of the type of return form filed.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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